September 21, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPTEMBER 21, 2011 5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) PUBLIC COMMENT: At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting. (2) COMMISSIONER COMMENTS & QUESTIONS: (3) ADOPTION OF MINUTES:
Discussion and possible adoption of the September 14, 2011 minutes. (4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
Denial of taxi medallion. Appeal No. 10-026, Gebresilassie vs. MTA DTAS, decided Aug. 10, 2011. At that time, upon motion by Vice President Garcia, the Board voted 5-0 to grant the appeal, overrule the denial, and issue the taxi medallion, with adoption of findings at a later time. Appellant: Kalesilassie Gebresilassie. (4b) JURISDICTION REQUESTS: Subject property at 104-114 Presidio Avenue. Letter from Bob Hemati & Noushin Oshidari, requestors, asking that the Board take jurisdiction over Variance Decision No. 2010.0221V and BPA No. 2010/04/28/1271; the variance was granted on July 21, 2010, and the building permit was issued on Jan. 25, 2011; the appeal periods ended on Aug. 02, 2010, and Feb. 09, 2011, respectively, and the jurisdiction requests were filed at the Board office on Aug. 30, 2011. Variance/Permit Holder: 104 Presidio Avenue LLC. Variances: rear yard and non-complying structure variances. Building Permit: demolish central rear wing and raise yard to create new one at 3rd floor level; alter apt. layouts; add new stairs and elevator; reconfigure N, E and S sides of main roof including chimneys, elevator shaft, two dormers on Jackson Street to match existing and new windows; discharge requirements of NOV No. 200677768. (5) APPEAL NO. 11-056 GOLDEN GATE VALLEY NEIGHBORHOOD ASSOC., SHIRLEY JACOBS, JEFFERY LEE & MEGAN CHECHILE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1787 Union Street. Protesting the issuance on April 04, 2011 to KAP Investment LLC, Permit to Alter a Building (revision to BPA No. 2010/02/02/5765 for exterior patio and submitting Planning Code §312 notification for new patio). APPLICATION NO. 2010/06/04/3920. PUBLIC HEARINGS HELD ON JUNE 22, 2011, AND AUG. 10, 2011. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to attempt settlement regarding noise mitigation measures; additional briefing is allowed at 6 pages per party. ITEMS (6A), (6B) AND (6C) SHALL BE HEARD TOGETHER: (6A) APPEAL NO. 11-088 W.B. COYLE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 2244 Mason Street. Protesting the issuance on July 29, 2011, to Transition LLC, Permit to Alter a Building (complete work and obtain final inspection for work approved under BPA No. 2008/09/19/2166). APPLICATION NO. 2011/07/29/1295. FOR HEARING TODAY. (6B) APPEAL NO. 11-089 W.B. COYLE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 2244A Mason Street. Protesting the issuance on July 29, 2011, to Transition LLC, Permit to Alter a Building (complete work and obtain final inspection for work approved under BPA No. 2008/09/24/2527). APPLICATION NO. 2011/07/29/1297. FOR HEARING TODAY.
(6C) APPEAL NO. 11-090 W.B. COYLE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 2248 Mason Street. Protesting the issuance on July 29, 2011, to Transition LLC, Permit to Alter a Building (complete work and obtain final inspection for work approved under BPA No. 2008/09/19/2164). APPLICATION NO. 2011/07/29/1298. FOR HEARING TODAY. (7) APPEAL NO. 11-091
CARLA WILSON, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1731 – 15th Street. Protesting the issuance on Aug. 08, 2011, to Jolish 1731 – 15th Street LLC, Permit to Alter a Building (seismic retrofit and building rehabilitation; life/safety improvements; new bathrooms and community kitchens; new elevator; new roof terrace; increase number of rooms from 27 to 52). APPLICATION NO. 2010/09/28/1752”S”. FOR HEARING TODAY.
ADJOURNMENT. Note A: Each item on this agenda may include the following documents: 1) Preliminary Statement of Appeal and Appellant’s Brief; 2) Permit Holder's, Respondent’s or Other Parties’ Brief; 3) Departmental decision, order, permit, determination, resolution, or notice of violation; 4) submittals by members of the public; and 5) correspondence. These items are available for public inspection at the Board's office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304) and in the hearing room on the date the matter is scheduled to be heard. Note B: If any materials related to an item on this agenda have been distributed to the Board members after distribution of the agenda packet, those materials are available for public inspection at the Board’s office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304) and in the hearing room on the date the matter is scheduled to be heard. Please call 415-575-6880 if you have any questions concerning this agenda. Date posted: September 16, 2011
MEMBERS OF THE BOARD OF APPEALS
KENDALL GOH PRESIDENT MICHAEL GARCIA VICE PRESIDENT FRANK FUNG COMMISSIONER CHRIS HWANG COMMISSIONER TANYA PETERSON COMMISSIONER PROCEDURE AT HEARINGS Except when the Presiding Officer finds good cause to order the presentations otherwise, the order of presentation of an appeal shall be as follows: (a) the appellant shall speak first and shall be allowed seven (7) minutes to present relevant testimony and evidence. Then the permit holder, representatives of the department, board, commission or person from whose order the appeal is taken, and/or other parties, shall be allowed seven (7) minutes for presentation of relevant testimony and evidence. Three minutes for rebuttal shall be provided to all parties in this same order; (b) the Board may request a departmental response at its own discretion. For rehearing requests and jurisdiction requests, each party shall be allowed three (3) minutes to present testimony and evidence, with no rebuttal. Other persons desiring to speak before the Board on an appeal may speak once for up to three minutes, unless the presiding officer further limits time uniformly. Those members of the public who intend to testify about a particular appeal and wish to have the Board give their testimony evidentiary weight for purposes of deciding the appeal are asked to take an oath. Please note that any member of the public may speak without being sworn-in pursuant to their rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code). SPECIAL NOTES If the Board continues a matter to a specific date that is announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 415-575-6880 for scheduling or other information during regular business hours, or visit our website at www.sfgov.org/boa. The complete Rules of the Board are available for review at the Board office, and on our website. Material submitted by the public for Board review prior to a scheduled hearing before the Board, should be addressed to the Board President, and be received at the Board office, 1650 Mission Street, Room 304, no later than 4:30 p.m. one (1) Thursday prior to the scheduled public hearing. Persons unable to attend the scheduled public hearing may submit written comments regarding a calendared item to the Board office. Comments received before noon on the day of the hearing will be made a part of the official record and will be brought to the attention of the Board at the public hearing. For complete distribution to all Commissioners of the Board, necessary staff and case files, submit an original and ten copies. Please note that names and addresses included in these submittals will become part of the public record. Submittals may be made anonymously. Pursuant to Government Code § 65009, if you challenge, in court, the approval of a variance or development permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Appeals at, or prior to, the public hearing. Calendared items are sometimes withdrawn or rescheduled the day of hearing, or are taken out of order to accommodate special needs. The Board urges all parties to be present in the hearing room from 5:00 p.m. so that everyone has an opportunity to participate in the relevant public hearing when it is called. The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices. ACCESSIBILITY INFORMATION American sign language interpreters and/or sound enhancement system will be available upon request by contacting Board staff at 575-6880 at least 48 hours prior to the hearing. Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call the accessibility hotline at 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force: by mail to Administrator, Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; or by e-mail at sotf@sfgov.org. Citizens interested in obtaining a free copy of the Sunshine Ordinance may request a copy from the Sunshine Ordinance Task Force Administrator or by printing Chapter 67 of the San Francisco Administrative Code on the internet at www.sfgov.org/sunshine. LOBBYING ACTIVITY Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics.
SUGGESTIONS TO IMPROVE EFFICIENCY
The Board welcomes suggestions from the public regarding improvement of the efficiency of its operations. Please direct your comments and suggestions to Board staff, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the Board office, and on the Board’s web site, www.sfgov.org/boa.
DVD’S OF MEETINGS
DVD’s of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information. BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO 1650 Mission Street, Room 304 San Francisco, California 94103
PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES
